Citation Nr: 0919474
Decision Date: 05/22/09 Archive Date: 05/26/09
DOCKET NO. 05-28 388 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee
THE ISSUES
1. Entitlement to service connection for bilateral hip
condition, claimed as secondary to degenerative
osteoarthritis, lumbar spine.
2. Entitlement to service connection for bilateral leg
condition, claimed as secondary to degenerative
osteoarthritis, lumbar spine.
REPRESENTATION
Veteran represented by: Tennessee Department of
Veterans' Affairs
WITNESSES AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
Tresa M. Schlecht, Counsel
INTRODUCTION
The Veteran had active service from March 1954 to March 1957
and from March 1957 to March 1963.
This appeal comes to the Board of Veterans' Appeals (Board)
from a January 2005 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO). In part, the RO
claims for service connection for bilateral hip and leg
conditions secondary to degenerative osteoarthritis, lumbar
spine. The Board Remanded those claims in August 2007.
During the course of the Remand, the RO granted service
connection for lumbar spine degenerative joint disease, and
granted a 10 percent evaluation. The Veteran did not
disagree with this grant of service connection or any aspect
of this decision. Therefore, no claim for service connection
for a lumbar spine disorder, or any claim involving lumbar
spine disability, is before the Board for appellate review at
this time.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the Veteran
if further action is required.
REMAND
In November 2005, the Veteran was afforded a Travel Board
hearing. In May 2009, the Board advised the Veteran that the
individual who conducted the November 2005 hearing was no
longer employed by the Board. The correspondence offered him
the opportunity to attend another Board hearing. In May
2009, the Veteran requested that he be afforded another
hearing before the Board.
Accordingly, the case is REMANDED for the following action:
The appeal is Remanded to the agency of
original jurisdiction so that the Travel
Board hearing requested by the Veteran at
the local RO may be rescheduled. The
Veteran should be advised of the options
for his Board hearing, including by
videoconference. The Veteran and his
representative should be notified of the
date, time and place of the hearing.
After the hearing is conducted, or if the
Veteran withdraws his hearing request or
fails to report for the hearing, then in
accordance with appellate procedures the
claims file should be returned to the
Board for appellate review.
The Veteran has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
MARJORIE A. AUER
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2008).